Commonwealth Numbered Regulations - Explanatory Statements

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SERVICE AND EXECUTION OF PROCESS REGULATIONS (AMENDMENT) 1993 NO. 63

STATUTORY RULES 1993 No. 63

Issued by the Authority of the Attorney-General

Service and Execution of Process Act 1992

Service and Execution of Process Regulations (Amendment)

Section 132 of the Service and Execution of Process Act 1992 (the Act) provides, in part, that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed.

The Regulations prescribe a notice, a copy of which is to be attached to a tribunal subpoena (other than one addressed to a prisoner to attend interstate to give evidence), when the subpoena is served interstate. The notice replaces the original notice, which contains a drafting error, prescribed by Statutory Rules 1993 No. 43.

The prescribed notice sets out information about the rights and obligations of the person to whom the subpoena is addressed. The effect of the error in the original notice is that a person who is under restraint might, when served with an interstate tribunal subpoena, be confused about when he or she has to inform relevant authorities about service of the subpoena.

Details of the Regulations are as follows:

Regulation 1 amends the Service and Execution of Process Regulations.

Regulation 2 omits the original Form 5 and substitutes a new Form 5.